If you are a divorced or divorcing parent who is under the authority of a court and wish to relocate with your child, you may find that you are facing more than you bargained for.
Prior to accepting that new job in another state (or before considering a move outside your child’s school district), you should:
- Read your divorce decree or other court orders about visitation and custody to see if there are restrictions about moving. Some decrees require the child to live in a certain county or school district.
- Your court orders may require that you go to mediation before taking any action to relocate with your child.
- If you are unable to reach an agreement with your ex-spouse about your proposed move, you may decide to file a petition with the court to change the court orders.
- The court will always look at the best interests of the child, rather than the desires or interests of the parents.
- The court will generally assume that it is best for the child to have both parents involved regularly, rather than sporadically.
A family law attorney can review your situation with you in a legal consultation and will explain what you can expect if you choose to file a petition to modify your decree in order to relocate.